[Congressional Record Volume 167, Number 142 (Saturday, August 7, 2021)]
[Senate]
[Page S6029]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2651. Mr. WARNER (for himself, Mr. Portman, and Ms. Sinema) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:
        On page 2437, after line 8, insert the following:
       (d) Rules of Construction.--
       (1) Definition of broker.--Nothing in this section or the 
     amendments made by this section shall be construed to create 
     any inference that a person described in section 
     6045(c)(1)(D) of the Internal Revenue Code of 1986, as added 
     by this section, includes any person solely engaged in the 
     business of--
       (A) validating distributed ledger transactions through 
     proof of work (mining) or proof of stake (staking), without 
     providing other functions or services, or
       (B) selling hardware or software the sole function of which 
     is to permit persons to control a private key (used for 
     accessing digital assets on a distributed ledger).
       (2) Brokers and treatment of digital assets.--Nothing in 
     this section or the amendments made by this section shall be 
     construed to create any inference, for any period prior to 
     the effective date of such amendments, with respect to--
       (A) whether any person is a broker under section 6045(c)(1) 
     of the Internal Revenue Code of 1986, or
       (B) whether any digital asset is property which is a 
     specified security under section 6045(g)(3)(B) of such Code.

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